HomeMy WebLinkAbout2004-03-22 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
WORKSHOP MEETING
MONDAY, MARCH 22, 2004
CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to
order on Monday, March 22, 2004 at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW
88th Avenue, Tamarac, Florida.
PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward C.
Portner, Commissioner Beth Flansbaum-Talabisco and Commissioner Marc L. Sultanof.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, Assistant
City Manager Michael C. Cernech, and City Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE LED BY MAYOR SCHREIBER:
1. PRESENTATION BY GRAU & CO. — CAFR: Finance Director Newman introduced
Controller Nealon, as well as Nestor Caballero and Pablo R. Llerena, CPA's with Grau & Co.
Messrs. Caballero and Llerena gave presentations and said Tamarac is in a sound financial
position.
2. MARCH 24, 2004 AGENDA ITEMS:
Mayor Schreiber moved out of the regular order of business on Items 2(a) and (b) awaiting
the arrival of Attorney Eakin.
C. Item No. 8. ISSUING CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2004:
(TR10367) Motion to approve Resolution authorizing the issuance of not to exceed
$10,000,000 in aggregate principal amount of City of Tamarac, Florida Capital Improvement
Revenue Bonds, Series 2004 for the purpose of paying the costs of acquiring, constructing
and equipping certain capital improvements for the City's water and wastewater utility system
and stormwater utility system; covenanting to budget and appropriate legally available non -ad
valorem revenues to provide for the payment thereof; making certain covenants and
agreements for the benefit of the owners of such bonds; authorizing certain officials and
employees of the City to take all actions required in connection with the sale, issuance and
delivery of such bonds; taking certain other actions with respect to such bonds. Finance
Director Newman suggested discussing Items 2(c) and (d) concurrently as they are
companion items. Finance Director Newman gave a presentation and explained Temporary
Resolution 10367 authorizes the issuance of bonds and Temporary Resolution 10368
authorizes the sale of the bonds. The bonds will be priced on April 6 and the agreement is to
be signed on April 7th at approximately 2:30 p.m., by the Mayor, City Manager, City Attorney
and City Clerk. Mayor Schreiber indicated that he would be out of town from April 5 -- 11.
There was discussion regarding who may sign in the Mayor's absence, and Dwayne Draper,
Bond Counsel said either the Vice Mayor could sign in the Mayor's absence or the Mayor
could sign prior to his trip with the pages held in escrow. Commissioner Sultanof questioned
whether bonds would be held back to enable purchase by residents, and Mr. Conitz of RBC
Dan Raucher explained that two years ago a similar situation occurred and some bonds
could be held for local investors. Mayor Schreiber asked how the public would know the
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City Commission Workshop
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bonds are available and Mr. Conitz said it would be advertised in a local newspaper of
general circulation. Jeffrey Larson, Financial Advisor spoke about the City's credit rating and
said Tamarac is rated by Moody as A-2 and Fitch as A+. These ratings allow bonds to be
sold to more conservative investors at lower interest rates. The GO indicator rating for the
City was A+ and AA-. Mr. Larson said he would provide a copy of the report to the Mayor
and City Commission, and this gives a fresh perspective on how the City is viewed by credit
analysts. Mr. Larson credited the ratings on sound financial management and budgeting, the
debt policy, finance balance, and the new quarterly report which enables the City to make
market projections. Commissioner Sultanof complimented the staff, and Finance Director
Newman recognized staff who worked on this project; Finance and Policy Officer Williams,
City Attorney Kraft, Assistant City Attorney Steinerts, Assistant City Manager Cernech, and
City Manager Miller, Finance Director Newman also extended thanks to the Utilities and
Public Works Departments for their assistance in putting together the necessary figures.
Commissioner Portner said without Finance Director Newman's foresight things would not
have moved forward as they have, and thanked Finance Director Newman on behalf of the
City of Tamarac and City Commission. Finance Director Newman thanked the City
Commission for their support.
d. Item No. 9. APPROVING SALE OF CAPITAL IMPROVEMENT REVENUE BONDS
SERIES 2004: (TR10368) Motion to approve Resolution supplementing Resolution No.
authorizing and approving the negotiated sale of not to exceed $10,000,000 City of
Tamarac, Florida Capital Improvement Revenue Bonds, Series 2004; authorizing the sale
thereof to RBC Dain Rauscher Inc. subject to the terms and conditions contained herein;
appointing the Paying Agent and Registrar; appointing the Insurer and approving the
insurance policy commitment; providing certain other matters relating to the Series 2004
bonds.
e. Item No. 10. AMENDING CHAPTER 6 OF THE TAMARAC CODE - INVESTMENT
OF CITY FUNDS: (TO2041) Motion to adopt Ordinance on first reading amending Chapter
6, "Finance and Taxation", Article II, "Fees and Funds", Section 6-26, "Investment of City
Funds" to recognize the Investment Policy as the governing document for the investment of
City funds and Section 6-27, "City Commission Investment Decisions" requiring the City
Commission to establish an Investment Policy by Resolution; providing for codification.
Finance Director Dona Newman gave a presentation and explained there is redundancy in
the code. Finance Director Newman said it is to the City's benefit to make the ordinance
general and the resolution specific. Mayor Schreiber expressed concern that the
Commission's authority would be eliminated and Finance Director Newman assured him that
the Commission has the final say in any decisions made. Mayor Schreiber questioned page
10, security losses and Finance Director Newman said she would research and come back
with rationale for the language. Finance Director Newman explained the debt service deposit
agreement and Mayor Schreiber questioned the safety of the City's money in the hands of a
third party. Mr. Larson replied the agreement is bid out to providers with AA or better ratings.
When Tamarac's money goes to a custodian, that firm gets to use the money over a 20 year
period and their investment vehicles are used for higher interest rates which gets passed on
to the City. Finance Director Newman said it is recommended that all debt service payments
operate that way, not just the current bonds. The money will be paid to the City up front,
which in turn will reduce the debt service. Finance Director Newman explained we are also
looking at a guaranteed investment contract to draw down the schedule of Utilities and Public
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City Commission Workshop
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Works projects, and while the City will not be tied to the draw down schedule we must move
forward with the projects in good faith. Mayor Schreiber asked if there is a cancellation
clause and Mr. Larson said it is a full flex agreement. Commissioner Partner asked how the
indebtedness is paid and Finance Director Newman said interest is paid twice a year and
principal once a year. Money is set aside each month so it is ready at the due date.
a. Item No. 6(I). AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY —
SPIRITUAL WARFARE CHURCH & TRAINING INSTITUTE INC.: (TR10373) Executing an
Agreement and Addendum to Agreement for purchase and sale of real property between
Spiritual Warfare Church & Training Institute, Inc. (seller) and the City of Tamarac (buyer) in
the amount of One Million Five Hundred Thousand Dollars ($1,500,000) for the City to
purchase 2.58 acres +/- of vacant land for open space and recreational purposes. Assistant
to the City Manager Diane Phillips introduced Attorney Craig Eakin. Assistant to the City
Manager Phillips gave a presentation and said language is included in the Resolution
indicating that the City would seek grant funding dependent upon what the City Commission
decides to do with the property, and if the use is appropriate for grant funding. Vice Mayor
Roberts questioned the additional $10,500 and Assistant to the City Manager Phillips
explained the Church returned the contract with the addendum that the City pay for doc
stamps, which is usually the responsibility of the seller. Commissioner Portner said he does
not understand why this 2.5 acre tract is selling for $1.5 million, while the following item is for
a 6 acre tract selling for the same price. Commissioner Portner added that he is very upset
that the Church wants the City to pay for the doc stamps. Assistant to the City Manager
Phillips explained the property was not on the market for sale and the City approached the
owner to purchase the property. Mayor Schreiber asked what the assessed value is and
Attorney Eakin said about $700,000. Vice Mayor Roberts asked about the appraised value,
and Attorney Eakin said the property has not yet been appraised; this will have to be done
within 45 days, but he did not anticipate the property would be appraised at $1.5 million.
Commissioner Portner said he would not vote to pay the $10,000 and he felt it was
outrageous for them to ask for it. City Manager Miller held that this was a very difficult
negotiation as the Church did not want to sell the property. The realtor, Mr. Caplan made
many calls and was not able to speak with the principle involved. City Manager Miller said
while it was ignominious of them to add the doc stamps, it is common in these types of deals.
Mr. Caplan, Cenmark Realty, said he represents the buyer, and the seller was very unwilling
to sell the property. Mr. Caplan added he understands the Commission's feeling regarding
the doc stamps; however, if the City does not want the property under these terms, the seller
will withdraw from the deal. The location of the property makes it very valuable. Mayor
Schreiber said he is more disturbed by the price of the property than the doc stamp issue,
and he recommends the City either not purchase the property, but build around it, or take the
property through eminent domain. City Attorney Kraft explained that under eminent domain
the property still has to be paid for at the fair market value, and there are also issues
regarding the bond funding. Attorney Eakin clarified that the bond money the County set
aside for acquisition of open space stipulates that land gotten through eminent domain does
not qualify for the funding. Additionally, if the City were to take the property through eminent
domain, it would probably cost the City more in the long run after all legal expenses were
calculated. Commissioner Sultanof asked whether the $10,000 could be claimed by the
Church as an expense of sale, and Attorney Eakin said it could not. Mayor Schreiber asked
for an expression of interest to keep this item on the agenda and move forward with the
purchase and all were in agreement to do so.
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City Commission Workshop
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b. Item No. 6(m). AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY —
ALEX SHATHER, TRUSTEE _ OF UNIVERSITY . BUSINESS PARK TRUST: (TR10374)
Executing an Agreement for purchase and sale of real property between Alex Shather, as
Trustee of the University Business Park Trust Agreement dated June 7, 2002 (seller) and the
City of Tamarac (buyer) in the amount of One Million Five Hundred Fifty Five Thousand
Dollars ($1,555,000.00) for the City to purchase 5.95 +/- acres of vacant land for open space
and recreational purposes. Assistant to the City Manager Diane Phillips gave a presentation
and said the City was recently awarded State funding as reimbursement for the Rockford
Parcel, which money is being used to purchase this parcel. Assistant to the City Manager
Phillips said the City would apply for appropriate funding for this property under preservation
grants. Attorney Eakin said he believed the appraisal on this property would come in higher
than the purchase price. Commissioner Sultanof asked if there had been any discussion with
surrounding neighbors and City Manager Miller said the surrounding neighbors should be
pleased as the property is currently zoned commercial and if the City did not purchase it, they
could be backing onto businesses. Vice Mayor Roberts said some months ago residents had
written requesting that the City look into purchasing the property for use as a neighborhood
park.
f. Item No. 60). AGREEMENT AMENDMENT — BAE SYSTEMS ADR,R INC.:
(TR10341) Executing the first amendment to the July 10, 2002 Agreement between the City
of Tamarac and BAE Systems ADR, Inc. for updating of the planimetric and utility base maps
and associated data base development at a total cost not to exceed $176,790.00 (Case No.
3-MI-04). Community Development Director J. Christopher King gave a presentation and
introduced Paige Mathes, Associate Planner. Community Development Director King said
industry standard calls for updating the maps every five years.
g. Item No. 6(c). ADOPTING A CITY OF TAMARAC TRAFFIC CALMING POLICY:
(TR10351) Adopting a Traffic Calming Policy. Public Works Director Strain gave a
presentation and said revisions were made pursuant to discussion at the last Commission
workshop meeting. The 70% initiative has been reduced to 67%. Vice Mayor Roberts said
Assistant Public Works Director Doherty worked very well on the revisions and she is happier
with the policy now than she was before. Vice Mayor Roberts said she was pleased with the
reduction in trips, and she would like to see the trip numbers six months after the policy goes
into affect in case they need to be tweaked. Mayor Schreiber expressed concern that while
the policy is good, traffic calming may discourage people from driving through the City to get
to businesses here. Vice Mayor Roberts said this is to stop drivers from cutting through
residential areas to get to the main roads. Commissioner Portner questioned collector roads
and Public Works Director Strain explained that the number of vehicle trips per day may
preclude a road from being considered for traffic calming even if it was not designated by the
County as a collector road. Commissioner Flansbaum-Talabisco asked how residents would
be made aware of the policy and Public Works Director Strain said by advertisement, and if a
resident approaches his or her Commissioner, the Commissioner can then refer the resident
to Public Works Director Strain or Assistant Public Works Director Doherty. Vice Mayor
Roberts said the language in the policy should indicate that initiation of the process can be
either by resident or the homeowner association. City Attorney Kraft suggested changing
wording in Section 5, Step 2 of the policy from 'shall' to 'may'. City Manager Miller said the
policy and resolution would be revised and redistributed.
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City Commission Workshop
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Mayor Schreiber called for a recess at 11:10 a.m. and reconvened the meeting at 11:20 a.m.
with all present as before.
h. Item No. 7. ELECTING A VICE MAYOR: (TR10325) Motion to approve Resolution
electing Commissioner to serve as Vice Mayor for a one (1) year
term beginning March 24, 2004 with no succession. City Clerk Marion Swenson gave a
presentation. Commissioner Portner said he would like Vice Mayor Roberts to nominate the
new Vice Mayor, Vice Mayor Roberts said she would nominate Commissioner Sultanof to be
the Vice Mayor for the coming year. Mayor Schreiber asked for an expression of interest for
the election of Commissioner Sultanof as Vice Mayor and all were in agreement.
Commissioner Portner asked for an explanation of restrictions for Item 6(i), Temporary
Resolution 10380. LIFTING DEED RESTRICTIONS — WESTLAND PLAT (TR10380)
Accepting a Declaration of Restrictions and releasing superceded covenants and restrictions.
Community Development Director King explained the restrictions were being lifted so the
property could be developed.
Commissioner Portner asked if the safety seats were being given gratis with regard to Item
6(o) Temporary Resolution 10379. GRANT APPLICATION TO FLORIDA DEPARTMENT
OF TRANSPORTATION FOR HIGHWAY SAFETY GRANT: (TR10379) Seeking Highway
Safety Grant funding from the Florida Department of Transportation in an amount not to
exceed $35,000 for a Child Safety Seat Program providing for a City match in -kind. Assistant
to the City Manager Phillips explained that part of the program stipulates that the City provide
seats and take a nominal donation for the seat. Donations will be the source of funds for
replacement of the seats. Most cities established a $20.00 fee for the seats, but a lesser
donation can be given in the event the recipient is unable to pay the $20.00. Assistant to the
City Manager Phillips explained this is a collaborative effort between the Fire Department and
Tamarac BSO.
3. DISCUSSION RE: CITY COMMISSION COLUMNS IN THE TAM -A -GRAM:
Commissioner Marc L. Sultanof said it is his belief that the Commissioners should prepare
columns for the Tam -A -Gram on a rotational basis and the columns should not be political.
Space in the Tam -A -Gram should be used to inform the residents of occurrences in Tamarac.
Commissioner Sultanof added that in the past, City Manager Miller advised the Commission
not to write columns for the Tam -A -Gram. After introducing Ben Chicofsky, Chair of the
Public Information Committee, Pubic Information Officer Crockett gave a presentation and
said apart from the Commission's discussion today, the Public Information Committee had
previously discussed alternatives to make more room in the Tam -A -Gram to publicize
services and programs. Mayor Schreiber said he is of the opinion that the columns can be
eliminated. Vice Mayor Roberts said she is not in favor of eliminating the columns as she
feels the Commission columns are beneficial. Commissioner Flansbaum-Talabisco
suggested pre-set rotation of the columns and during the holiday season all the
Commissioners could submit columns. There was discussion regarding the number of words
allotted to the Commissioners and Commissioner Portner suggested rotating the columns as
follows: three commissioners for one publication and two the next. Commissioner
Flansbaum-Talabisco said she would like to revisit this one year after it is put into effect.
Commissioner Sultanof suggested removing the photos which would provide more room for
March 22, 2004
City Commission Workshop
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wording. After discussion, it was decided by expression of interest that all commissioners
would write a column three times a year with no photos and limited wording. It was agreed
this would go into effect beginning with the upcoming issue of the Tam -A -Gram, the
May/June issue. Mayor Schreiber asked for an extension of time until March 31 to get his
article to Public Information Officer Crockett. Commissioner Flansbaum-Talabisco asked
Public Information Officer Crockett to inform the public of the new format and publishing
schedule for Commission columns.
4. DISCUSSION RE: PROPOSAL TO NAME SATELLITE CITY HALL AFTER
FORMER CITY COMMISSIONER LARRY MISHKIN: Commissioner Edward C. Portner
suggested naming Satellite City Hall after past Commissioner Larry Mishkin, as
Commissioner Larry Mishkin was instrumental in getting Satellite City Hall on the east side of
Tamarac. Vice Mayor Roberts said there have not been any buildings named after other past
commissioners; there have, though been trees planted and plaques in their memory. It will
be difficult down the road with everyone wanting a building named after them. Commissioner
Sultanof said Commissioner Larry Mishkin did what he came to do, and it would be admirable
to name the building after him. Commissioner Flansbaum-Talabisco suggested a policy to
address the issue. City Attorney Kraft reminded the Commissioners that the City does not
own the building in which Satellite City Hall is housed. Vice Mayor Roberts suggested
naming a street after Commissioner Larry Mishkin rather than a building. Commissioner
Flansbaum-Talabisco said she did not know Commissioner Larry Mishkin and would
therefore dissociate herself from the discussion. With two commissioners in favor of naming
the Satellite City Hall after Commissioner Larry Mishkin and two against, Mayor Schreiber
stated the Commission was at an impasse and the matter should be brought up at another
time or a policy be drafted.
5. DISCUSSION RE: REQUEST TO PLACE _CHILDRE,N'S ART ON DISPLAY IN CITY
FACILITIES FROM STUDENTS IN TAMARAC SCHOOLS: Commissioner Beth Flansbaum-
Talabisco said at a minimal cost to the City the program in effect now can be expanded to
include City Hall, and invite the surrounding schools to display their art work, which would
give residents the opportunity to see the art work and the bond the City is forming with the
schools. Mayor Schreiber questioned the atrium as the proper place for such a display.
Parks and Recreation Director Margoles said the City currently participates in such a program
at the Recreation Center; working with the three schools in Tamarac, the art teachers select
works to be displayed. The cost is minimal, and each school takes turns displaying their art.
Parks and Recreation Director Margoles said it would be beneficial to the students and
residents to display art work at City Hall. Commissioner Sultanof asked if prizes are awarded
and Parks and Recreation Director Margoles said there are no prizes. Commissioner
Flansbaum-Talabisco said the program can be expanded from traditional art to non-traditional
art. Commissioner Portner asked how many pieces of art can be displayed at a time, and
Vice Mayor Roberts asked whether all three schools would display at once. Mayor Schreiber
questioned whether the program would make the City eligible for school funding, and asked if
the residents would be happy with the program. Parks and Recreation Director Margoles
said only one school at a time will display and the schools will be on a rotational basis. There
are between 30-40 pieces displayed and there has been a positive reaction from the
residents with the program in the Recreation Center. All agreed to allow for expansion of the
program.
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City Commission Workshop
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6. DISCUSSION RE: CONSIDERATION OF THE APPOINTMENT OF A NEW CITY
REPRESENTATIVE TO THE METROPOLITAN .PLANNING ORGANIZATION (MPO): Mayor
Joe Schreiber said he is not asking for a new appointment, but rather if the City Commission
would like to rotate membership or leave it as it is with Commissioner Sultanof representing
the City. Vice Mayor Roberts said she is not interested in serving on the MPO and did not
want to rotate representation. Commissioner Sultanof said rotation of membership for
Tamarac would cause loss of continuity on the MPO. There was no expression of interest to
change appointment to the MPO.
Commissioner Sultanof asked for an expression of interest from the Commission to reappoint
Mr. Robert Wolfe, Jr. as Tamarac's representative on the CIR. All were in agreement.
Assistant City Manager Cernech asked the City Commissioners if they wanted to continue
with the configuration used for the past two workshop meetings. Assistant City Manager
Cernech explained that money has been budgeted to redo the audio/visual system and the
City was in the process of moving forward with the bid, but the RFP had to be halted due to
the change in configuration of Room 105. If the Commission is satisfied with the
configuration now, the RFP will be altered to reflect the new arrangement of the room. All
were in agreement to keep the set-up of Room 105 as it is now.
There being no further business to come before the City Commission, Mayor Schreiber
adjourned the workshop meeting at 12:30 p.m.
_1� P..f�—l—
Marion Swenson, CMC
City Clerk
March 22, 2004
City Commission Workshop
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